Report Navigation

Country Reports

Australia has a long history of respect for political rights and civil liberties. However, recent years have seen some concern about laws that permit government surveillance of online communications, as well as about the country’s harsh policies toward asylum seekers.

Key Developments in 2016:

The governing Liberal Party/National Party coalition narrowly won federal elections held in July.

Linda Burney of the Australian Labor Party (ALP) became the first indigenous woman elected to the House of Representatives.

In April, media reports revealed that the police had admitted that they lawfully sought—without a warrant—communications metadata for a journalist who reported that an Australian ship had ventured into Indonesian waters to turn back a boat carrying asylum seekers.

Australia has a strong record of protecting political rights and civil liberties. However, 2016 saw the introduction of curbs on demonstrations in New South Wales, revelations of warrantless collection of a journalist’s metadata, and continued criticism of harsh conditions in the country’s offshore centers for asylum seekers.

In March, the New South Wales state government passed laws intended to discourage a protest movement targeting mining operations. The measures introduced criminal penalties and increased fines for interfering with commercial operations; fines may now reach as much as $5,500, up from $550 previously. The approval of the laws prompted protests and drew denunciations from lawyers’ associations.

Australia’s immigration and asylum policies continued to draw domestic and international condemnation in 2016, particularly in regard to the housing and vetting of asylum seekers at processing centers in Papua New Guinea and Nauru. Reports of poor living conditions, inadequate safety for women and children, delays in processing applications, detainees attempting suicide, and lack of sufficient healthcare and education services at the centers persisted. A section of the 2015 Border Force Act known as the Secrecy Provision threatens a prison sentence of up to two years for “entrusted persons” working in the centers—including social workers, lawyers, and teachers—who disclose unauthorized information about activities or conditions within. In September 2016, the head of Australia’s customs and border protection agency signed an amendment exempting “health professionals” from the Secrecy Provisions.

In April 2016, media reports revealed that the Australian Federal Police admitted that they had lawfully sought—without a warrant—communications metadata on journalist Paul Farrell in the wake of his report that an Australian ship had ventured far into Indonesian waters in order to turn back a boat carrying asylum seekers.

Voting is compulsory in Australia, and citizens participate in free and fair multiparty elections to choose representatives for the bicameral Parliament. In 2016 federal elections, the Liberal Party/National Party coalition won a slim majority of 76 seats in the 150-seat House of Representatives, down from 90 previously. Linda Burney of the ALP became the first indigenous woman elected to the House of Representatives.

Political Rights

A1. Is the head of government or other chief national authority elected through free and fair elections?A2. Are the national legislative representatives elected through free and fair elections?A3. Are the electoral laws and framework fair?

B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system open to the rise and fall of these competing parties or groupings?B2. Is there a significant opposition vote and a realistic opportunity for the opposition to increase its support or gain power through elections?B3. Are the people’s political choices free from domination by the military, foreign powers, totalitarian parties, religious hierarchies, economic oligarchies, or any other powerful group?B4. Do cultural, ethnic, religious, or other minority groups have full political rights and electoral opportunities?

C1. Do the freely elected head of government and national legislative representatives determine the policies of the government?C2. Is the government free from pervasive corruption?C3. Is the government accountable to the electorate between elections, and does it operate with openness and transparency?

Civil Liberties

D1. Are there free and independent media and other forms of cultural expression?D2. Are religious institutions and communities free to practice their faith and express themselves in public and private?D3. Is there academic freedom, and is the educational system free of extensive political indoctrination?D4. Is there open and free private discussion?

E1. Is there freedom of assembly, demonstration, and open public discussion?E2. Is there freedom for nongovernmental organizations?E3. Are there free trade unions and peasant organizations or equivalents, and is there effective collective bargaining? Are there free professional and other private organizations?

F1. Is there an independent judiciary?F2. Does the rule of law prevail in civil and criminal matters? Are police under direct civilian control?F3. Is there protection from political terror, unjustified imprisonment, exile, or torture, whether by groups that support or oppose the system? Is there freedom from war and insurgencies?F4. Do laws, policies, and practices guarantee equal treatment of various segments of the population?

G1. Do individuals enjoy freedom of travel or choice of residence, employment, or institution of higher education?G2. Do individuals have the right to own property and establish private businesses? Is private business activity unduly influenced by government officials, the security forces, political parties/organizations, or organized crime?G3. Are there personal social freedoms, including gender equality, choice of marriage partners, and size of family?G4. Is there equality of opportunity and the absence of economic exploitation?